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Japanese Patent Application FAQs

Examination

1. When is the deadline for filing a request for examination?

Under the revised law, for applications filed after October 1, 2001, the time limit for submitting a request for examination has been changed from "within seven years" from the filing date to "within three years" from the filing date.

If the filing date in Japan (or, the international filing date for a PCT case) is prior to October 1, 2001, a request for examination can be filed within seven years from the filing date (or the international filing date).

2. What is the cost for filing a request for examination?

The official fee for filing a request for examination is calculated as follows:

151,700 yen +3,600 yen per claim (PCT case)
168,600 yen + 4,000 yen per claim (Paris convention case)
(More information regarding the examination fee...)

3. A request for examination was not timely filed by the due date. Is there any option available for revising the application?

Article 48(3) of the Japanese Patent Law prescribes that, if a request for examination has not been made within the time limit, the application shall be deemed withdrawn. Accordingly, there is no way to restore the case, not even if the deadline was missed due to a mistake or an error.

4. When may we expect to receive examination results in a normal application procedure?

Normally, an application is examined within two to three years after filing a request for examination.

5. How can I find out whether or not an application has been granted a patent?

You can check the status of a patent application through the JPO website. Enter the application No. on the following page, and click the bottom left button. Thereafter, you will see a summary of the file history. However, please note that it is only in Japanese and there is a time lag for updates.
http://www1.ipdl.inpit.go.jp/RS1/cgi-bin/RS1P001.cgi
In order to obtain the complete file history, it is necessary to access a certain JPO online database. If you would like us to obtain the file history, please let us know.

 

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